Court to hear case of ex-Apac officials over sh338m loss

KAMPALA - The defence hearing of a case involving former Apac district local government officials, accused of embezzling sh338 million, is set to resume today (October 28, 2024).

The Nakasero-based Anti-Corruption Court in Kampala, presided over by Justice Jane Okuo Kajuga, will hear the case.

The accused are then-chief administrative officer Michael Wanje, then-chief finance officer Paul Ekwang, then-acting district education officer Sam Atim, then-senior account officer Patrick Ebong and Tom Adoko, the then-human resource officer.

They are accused of embezzlement, causing financial loss, money laundering and conspiracy to defraud.

The defence hearing commenced after the court ruled that the accused have a case to answer and must defend themselves against the charges.

Prosecution’s case    
                                                                       
The prosecution team says the five accused persons respectively, and irregularly processed payments as domestic arrears for the district employees without proper procedures in 2021 while still employees of Apac local government, hence causing a loss of shillings 338 million.

According to the prosecution, Adoko as a human resource officer, allegedly assisted Wanje, Ekwang, Atim and Ebong to benefit from the funds that were irregularly credited to the district officials' bank accounts as arrears. It is alleged that Adoko mobilised the officials to withdraw the funds.

Prosecution argues that Ekwang received shillings 134 million that was irregularly deposited into the accounts of five people as salary arrears, yet he knew that at the time he received the money between July 1 and 2, 2021 it was a proceed of crime.
 
Ekwang is alleged to have received money withdrawn from the accounts of Bernard Okidi, Nelson Opeto, Moses Ongol and Patrick Ocura.

A court document indicates that Ekwang allegedly received shillings 35 million from Okidi, shillings 16 million from Opeto, shillings 34 million from Ongol and shillings 32 million from Ocura.

The prosecution further alleges that Ebong, as a senior accounts officer, got a total of shillings 55 million from Eunice Achola and Betty Kabagaya, yet he knew that the money was a proceed of crime that was fraudulently deposited in Achola and Kabagaya accounts.

It is purported that from Achola’s account, Ebong received shillings 35 million on July 7, 2021, and shillings 20 million from Kabagaya’s account. All the accused denied the charges. 

What the law says

According to Section (20) of the Anti-Corruption Act, a person who does or fails to do any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, bank credit institution, insurance company or public body commits an offence and is liable on conviction to a fine not exceeding 336 currency points (shillings 6.7 million) or a jail term not exceeding 14 years.

Section 3 of the Anti-Money Laundering Act states that any person convicted of the offence of money laundering is liable to 15 years in jail or a fine not exceeding shillings two billion.

Section 309 of the Penal Code Act stipulates that a person who conspires with another to commit an offence of conspiracy to defraud is liable on conviction to five years in jail.